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Case TitleGATORE et al v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv00459
Date Filed2015-03-31
Date ClosedOpen
JudgeJudge Reggie B. Walton
PlaintiffRICA GATORE
PlaintiffISAM AL TIMEMY
PlaintiffGEORGINE LUMONIKA
PlaintiffINNOCENT KABANO SHYAKA
PlaintiffCHARLY MINTH AYESSA
PlaintiffAMINATA OUEDRAOGO
PlaintiffHERVE SHYAKA
PlaintiffCATHOLIC CHARITIES
PlaintiffVERONICA LEMUS-MIRANDA
Case DescriptionCatholic Charities and a number of individuals seeking asylum filed suit against the Department of Homeland Security to force the agency to disclose segregable portions of assessments prepared by asylum officers.
Complaint issues: Litigation - Segregability analysis, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Opinion/Order [41]
FOIA Project Annotation: Judge Reggie Walton has ruled that the Department of Homeland Security cannot categorically withhold assessments to refer, which are recommendations by an asylum officer as to whether or not to grant an applicant asylum, under Exemption 5 (deliberative process privilege) because the D.C. Circuit's recent opinion in Abtew v. Dept of Homeland Security, 808 F.3d 895 (D.C. Cir. 2015), which involved the same type of records, held that such assessments frequently had factual material that could be segregated and disclosed. Further, Walton noted that the district court judges in both Abtew v. Dept of Homeland Security, 47 F. Supp. 3dd 98 (D.D.C. 2014), and Gosen v. U.S. Citizenship and Immigration Services, 118 F. Supp. 3d 232 (D.D.C.) had conducted an in camera review of the assessments in those cases and concluded they contained some factual portions that could be segregated and disclosed. Several applicants for asylum, represented by Catholic Charities, requested their individual assessment recommendations. After U.S. Citizenship and Immigration Services denied the assessments under Exemption 5, Catholic Charities filed its own FOIA request for records concerning how the agency processed those requests and determined that Exemption 5 applied categorically. The agency told Catholic Charities that it would require an extension of time under the unusual circumstances provision, but had not responded more than a month later when Catholic Charities filed suit. Walton acknowledged that other judges in the district had ruled that assessment to refer recommendations were protected, but observed that in this case the agency "discusses the segregability of the assessments in a categorical fashion, as opposed to providing a description of the assessments prepared in each of the individual plaintiffs' cases. The Court is therefore unable to conduct a de novo assessment of the agency's determination of segregability as to each of the individual plaintiffs' requests." He added that "the defendant's representation that it conducted a 'line-by-line examination' of each of the assessments to determine whether any portions were reasonably segregable is seemingly undermined by what appears to be defendant's blanket policy not to release any portion of an assessment, irrespective of its contents." Walton indicated that "the Court is persuaded by Gosen and Abtew that there may be some portion of the assessments at issue in this case that contain factual information that may reasonably be segregated from the whole. He ordered the agency to provide a revised Vaughn index addressing the issue of segregability for each of the individual plaintiffs' assessment. The agency had responded to Catholic Charities' FOIA request more than six months after it had been received. Catholic Charities requested attorney's fees because the agency had failed to respond within the statutory time limit. The agency argued that once it had informed Catholic Charities that it was invoking an extension under the unusual circumstances provision, it was free to take as much time as necessary to respond. But Walton pointed out that the unusual circumstances provision extended the agency's time limit by ten days and required the agency to provide an estimate of when the request would be finished. Because the agency had done neither, he noted that "the defendant's reliance on the 'unusual circumstances' provision is therefore unavailing." He explained that to justify its failure to respond, the agency was required to ask the court to stay processing because of exceptional circumstances, which the agency had not done. He observed that "the Court is mindful of the significant number of FOIA requests the defendant is required to process, but despite this reality, the defendant cannot simply fail to seek relief from the statutory deadline as provided by the FOIA, and then seek to justify its delay only through arguments made in opposition to the plaintiff's partial summary judgment motion." Nevertheless, Walton rejected Catholic Charities' attorney's fees motion, noting that "the plaintiffs do not address any of [the factors for an attorney's fees award] in their partial summary judgment motion, and, accordingly, the motion must be denied."
Issues: Segregability - Disclosure of all non-exempt records
Opinion/Order [94]
Opinion/Order [96]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-03-311COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-4040717) filed by ALL PLAINTIFFS. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Cleveland, David) (Entered: 03/31/2015)
2015-03-312CIVIL COVER SHEET filed by ALL PLAINTIFFS.(Cleveland, David) Modified on 3/31/2015 (rd, ). (Entered: 03/31/2015)
2015-03-313REQUEST FOR SUMMONS TO ISSUE by RICA GATORE re 1 Complaint, filed by ALL PLAINTIFFS. Related document: 1 Complaint, filed by ALL PLAINTIFFS.(Cleveland, David) Modified on 3/31/2015 (rd, ). (Entered: 03/31/2015)
2015-03-314REQUEST FOR SUMMONS TO ISSUE by RICA GATORE re 1 Complaint, filed by ALL PLAINTIFFS. Related document: 1 Complaint, filed by ALL PLAINTIFFS.(Cleveland, David) Modified on 3/31/2015 (rd, ). (Entered: 03/31/2015)
2015-03-315REQUEST FOR SUMMONS TO ISSUE by RICA GATORE re 1 Complaint, filed by ALL PLAINTIFFS. Related document: 1 Complaint, filed by ALL PLAINTIFFS.(Cleveland, David) Modified on 3/31/2015 (rd, ). (Entered: 03/31/2015)
2015-03-316NOTICE of designation of related civil case by ALL PLAINTIFFS re 1 Complaint, (Cleveland, David) Modified on 3/31/2015 (rd, ). (Entered: 03/31/2015)
2015-03-31Case Assigned to Judge Amy Berman Jackson. (rd) (Entered: 03/31/2015)
2015-03-317SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons US Attorney, # 2 Summons US Attorney General, # 3 Consent Form, # 4 Notice of Consent)(rd) (Entered: 03/31/2015)
2015-03-318RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/31/2015. Answer due for ALL FEDERAL DEFENDANTS by 4/30/2015. (Cleveland, David) (Entered: 03/31/2015)
2015-04-029Case randomly reassigned to Judge Reggie B. Walton. Judge Amy Berman Jackson no longer assigned to the case. (gt, ) (Entered: 04/02/2015)
2015-04-0910RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 4/6/2015 (Cleveland, David) (Entered: 04/09/2015)
2015-04-2711RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/27/2015. (Cleveland, David) (Entered: 04/27/2015)
2015-05-0112Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 05/01/2015)
2015-05-04MINUTE ORDER granting 12 Defendant's Consent Motion for Extension of Time. For good cause shown and in light of the parties' consent, it is hereby ORDERED that the Defendant's Consent Motion for Extension of Time is GRANTED and the defendant shall answer or otherwise respond to the plaintiffs' complaint on or before June 1, 2015. Signed by Judge Reggie B. Walton on 5/4/2015. (lcrbw3, ) (Entered: 05/04/2015)
2015-05-05Set/Reset Deadlines: Answer or respond to complaint by 6/1/2015, (mpt, ) (Entered: 05/05/2015)
2015-06-0113MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 06/01/2015)
2015-06-0214Memorandum in opposition to re 13 MOTION for Extension of Time to File Answer re 1 Complaint, filed by RICA GATORE. (Cleveland, David) (Entered: 06/02/2015)
2015-06-02MINUTE ORDER granting 13 Motion for Extension of Time to Answer. For good cause shown, it is hereby ORDERED that the defendant's motion for extension of time to answer the complaint is GRANTED and the defendant shall answer or otherwise respond to the plaintiffs' complaint on or before June 22, 2015. Signed by Judge Reggie B. Walton on 6/2/2015. (lcrbw3, ) (Entered: 06/02/2015)
2015-06-02Set/Reset Deadlines: Answer or respond to complaint by 6/22/2015, (mpt) (Entered: 06/02/2015)
2015-06-1515MOTION to Certify Class by RICA GATORE (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Cleveland, David) (Entered: 06/15/2015)
2015-06-2216ANSWER to Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Ross, Carl) (Entered: 06/22/2015)
2015-06-2417MOTION for Summary Judgment as to Ninth Cause of Action by RICA GATORE (Attachments: # 1 Statement of Facts, # 2 Exhibit, # 3 Text of Proposed Order)(Cleveland, David) (Entered: 06/24/2015)
2015-06-2618MEET AND CONFER STATEMENT. (Attachments: # 1 Exhibit, # 2 Exhibit)(Cleveland, David) (Entered: 06/26/2015)
2015-07-0219MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Certify Class by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 07/02/2015)
2015-07-07MINUTE ORDER granting 19 Defendant's Motion for Extension of Time. For good cause shown, and because the plaintiff has not yet opposed the defendant's motion, it is hereby ORDERED that the Defendant's Motion for Extension of Time is GRANTED. It is further ORDERED that the defendant shall respond to the Plaintiff's Motion to Certify Class on or before July 17, 2015. Signed by Judge Reggie B. Walton on 7/7/2015. (lcrbw3, ) (Entered: 07/07/2015)
2015-07-07Set/Reset Deadlines: Response due by 7/17/2015 (mpt) (Entered: 07/07/2015)
2015-07-1720MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Certify Class , 17 MOTION for Summary Judgment as to Ninth Cause of Action by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 07/17/2015)
2015-07-23MINUTE ORDER granting nunc pro tunc 20 Defendant's Motion for Extension of Time. For good cause shown, and because the plaintiff has not yet opposed the defendant's motion, it is hereby ORDERED that the Defendant's Motion for Extension of Time is GRANTED nunc pro tunc and all filings are deemed timely. It is further ORDERED that the defendant shall respond to the Plaintiff's Motion to Certify Class on or before July 27, 2015. Signed by Judge Reggie B. Walton on 7/23/2015. (lcrbw3, ) (Entered: 07/23/2015)
2015-07-23Set/Reset Deadlines: Response due by 7/27/2015 (mpt) (Entered: 07/23/2015)
2015-07-2721MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Certify Class , 17 MOTION for Summary Judgment as to Ninth Cause of Action by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 07/27/2015)
2015-07-28MINUTE ORDER granting 21 Defendant's Motion for Extension of Time. For good cause shown, and because the plaintiff has not yet opposed the defendant's motion, it is hereby ORDERED that the Defendant's Motion for Extension of Time is GRANTED nunc pro tunc and all filings are deemed timely. It is further ORDERED that the defendant shall respond to the Plaintiff's Motion to Certify Class on or before July 28, 2015. The defendant is, however, cautioned that this is the final extension that will be granted absent extraordinary circumstances. Signed by Judge Reggie B. Walton on 7/28/2015. (lcrbw3, ) (Entered: 07/28/2015)
2015-07-28Set/Reset Deadline: The defendant shall respond to the Plaintiff's Motion to Certify Class on or before 7/28/2015. (ad) (Entered: 07/28/2015)
2015-07-2822MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration of Jill Eggleston, # 2 Exhibit A - H to Declaration, # 3 Text of Proposed Order)(Ross, Carl) (Entered: 07/28/2015)
2015-07-2823Memorandum in opposition to re 15 MOTION to Certify Class , 17 MOTION for Summary Judgment as to Ninth Cause of Action filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration of Jill Eggleston, # 2 Exhibit A - H to Declaration)(Ross, Carl) (Entered: 07/28/2015)
2015-08-0324STRICKEN PURSUANT TO MINUTE ORDER FILED 10/29/15. . . . . MOTION to Strike 22 MOTION for Summary Judgment by RICA GATORE (Attachments: # 1 Text of Proposed Order)(Cleveland, David) Modified on 10/29/2015 (td). (Entered: 08/03/2015)
2015-08-0325REPLY to opposition to motion re 17 MOTION for Summary Judgment as to Ninth Cause of Action filed by RICA GATORE. (Cleveland, David) Modified linkage on 8/4/2015 (td). (Entered: 08/03/2015)
2015-08-0326REPLY to opposition to motion re 15 MOTION to Certify Class , filed by RICA GATORE. (Cleveland, David) Modified linkage on 8/4/2015 (td). (Entered: 08/03/2015)
2015-08-0727MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment by RICA GATORE (Attachments: # 1 Text of Proposed Order)(Cleveland, David) (Entered: 08/07/2015)
2015-08-07MINUTE ORDER granting 27 Plaintiffs' Motion for Extension of Time. For good cause shown, and in light of the number of extensions granted to the defendant, it is herby ORDERED that the Plaintiffs' Motion for Extension of Time is GRANTED and the plaintiff shall file their response to the defendant's motion for summary judgment on or before September 11, 2015. Signed by Judge Reggie B. Walton on 8/7/2015. (lcrbw3, ) (Entered: 08/07/2015)
2015-08-0728MOTION to Withdraw 24 MOTION to Strike 22 MOTION for Summary Judgment by RICA GATORE (Attachments: # 1 Text of Proposed Order)(Cleveland, David) (Entered: 08/07/2015)
2015-08-10Set/Reset Deadlines: Opposition to Motion for Summary Judgment due by 9/11/2015. (mpt) (Entered: 08/10/2015)
2015-09-0429Memorandum in opposition to re 22 MOTION for Summary Judgment filed by RICA GATORE. (Attachments: # 1 Exhibit, # 2 Statement of Facts)(Cleveland, David) (Entered: 09/04/2015)
2015-10-29MINUTE ORDER granting 28 Motion to Withdraw. In light of the plaintiffs' representations in the Plaintiffs' Motion To Withdraw Their Own Motion, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the 24 Plaintiffs' Motion to Strike is itself stricken from the record and shall be disregarded by the Court. Signed by Judge Reggie B. Walton on 10/29/2016. (lcrbw3) (Entered: 10/29/2015)
2015-11-0430MOTION for Leave to File Supplemental Memorandum by RICA GATORE (Attachments: # 1 Text of Proposed Order, # 2 Supplement)(Cleveland, David) (Entered: 11/04/2015)
2015-12-0431MOTION for Leave to File by RICA GATORE (Attachments: # 1 Text of Proposed Order, # 2 Supplement)(Cleveland, David) (Entered: 12/04/2015)
2016-02-01MINUTE ORDER. In light of the defendant's failure to timely oppose the 30 Plaintiffs' Motion for Leave To File Supplemental Memorandum in Support of Their Motion for Summary Judgment as to the Ninth Cause of Action, and the 31 Plaintiffs' Motion for Leave To File Supplemental Memorandum in Support of Their Motion for Class Certification, it is hereby ORDERED that the plaintiffs' motions for leave to file are deemed conceded by the defendant and are therefore GRANTED. It is further ORDERED that the Plaintiffs' Supplemental Memorandum in Support of Plaintiffs' Motion for Summary Judgment as to Ninth Cause of Action, ECF No. 30-2, and the Plaintiffs' Supplemental Memorandum in Support of Their Motion for Class Certification, ECF No. 31-2, are deemed filed as of this date. It is further ORDERED the defendant shall file its opposition, if any, to the arguments raised in the plaintiffs' supplemental memoranda on or before February 19, 2016. It is further ORDERED that the plaintiffs shall file any reply in response to any opposition filed by the defendant on or before February 26, 2016. Signed by Judge Reggie B. Walton on 2/1/2016. (lcrbw3) (Entered: 02/01/2016)
2016-02-01Set/Reset Deadlines: The defendant shall file its opposition, if any, to the arguments raised in the plaintiffs' supplemental memoranda on or before 2/19/2016; the plaintiffs shall file any reply in response to any opposition filed by the defendant on or before 2/26/2016. (ad) (Entered: 02/01/2016)
2016-02-0132SUPPLEMENTAL MEMORANDUM to re 17 MOTION for Summary Judgment as to Ninth Cause of Action filed by ISAM AL TIMEMY, CHARLY AYESSA, CATHOLIC CHARITIES, RICA GATORE, GEORGINE LUMONIKA, AMINATA OUEDRAOGO, HERVE SHYAKA, INNOCENT SHYAKA. (td) (Entered: 02/02/2016)
2016-02-0133SUPPLEMENTAL MEMORANDUM to re 15 MOTION to Certify Class filed by ISAM AL TIMEMY, CHARLY AYESSA, CATHOLIC CHARITIES, RICA GATORE, GEORGINE LUMONIKA, AMINATA OUEDRAOGO, HERVE SHYAKA, INNOCENT SHYAKA. (td) (Entered: 02/02/2016)
2016-02-1834MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Certify Class , 17 MOTION for Summary Judgment as to Ninth Cause of Action by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 02/18/2016)
2016-02-19MINUTE ORDER granting 34 Motion for Extension of Time. For good cause shown, and over the plaintiffs' objection, the defendant's motion to extend its time to respond to the plaintiffs' supplemental briefs in support of their motion for summary judgment and motion for class certification is GRANTED. It is further ORDERED that the defendant shall file an opposition to the supplemental briefs on or before March 11, 2016. It is further ORDERED that the plaintiffs shall file their reply, if any, on or before March 18, 2016. Signed by Judge Reggie B. Walton on 2/19/2016. (lcrbw3) (Entered: 02/19/2016)
2016-02-19Set/Reset Deadlines: The defendant shall file an opposition to the supplemental briefs on or before 3/11/2016; the plaintiffs shall file their reply, if any, on or before 3/18/2016. (ad) (Entered: 02/19/2016)
2016-03-1135MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Certify Class , 17 MOTION for Summary Judgment as to Ninth Cause of Action by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 03/11/2016)
2016-03-14MINUTE ORDER. For good cause shown, it is hereby ORDERED that the 35 Defendant's' Motion for Extension of Time is GRANTED. It is further ORDERED that the defendant's response to the plaintiffs' supplemental memoranda shall be filed on or before March 18, 2016. It is further ORDERED that the plaintiffs reply, if any, shall be filed on or before March 25, 2016. Signed by Judge Reggie B. Walton on 3/14/2016. (lcrbw3) (Entered: 03/14/2016)
2016-03-14Set/Reset Deadlines: The defendant's response to the plaintiffs' supplemental memoranda shall be filed on or before 3/18/2016; The plaintiffs reply, if any, shall be filed on or before 3/25/2016. (ad) (Entered: 03/14/2016)
2016-03-1836Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Certify Class , 17 MOTION for Summary Judgment as to Ninth Cause of Action by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 03/18/2016)
2016-03-20MINUTE ORDER granting 36 Motion for Extension of Time to File Response/Reply. For good cause shown, and in light of the plaintiffs' consent, it is hereby ORDERED that the 36 Defendant's Motion for Extension of Time is GRANTED. It is further ORDERED that the defendant's response to the plaintiffs' supplemental memoranda shall be filed on or before March 21, 2016. It is further ORDERED that the plaintiffs' reply, if any, shall be filed on or before March 28, 2016. Signed by Judge Reggie B. Walton on 3/20/2016. (lcrbw3) (Entered: 03/20/2016)
2016-03-21Set/Reset Deadlines: The defendant's response to the plaintiffs' supplemental memoranda shall be filed on or before 3/21/2016; the plaintiffs' reply, if any, shall be filed on or before 3/28/2016. (ad) (Entered: 03/21/2016)
2016-03-21Set/Reset Deadlines: The defendant's response to the plaintiffs' supplemental memoranda shall be filed on or before 3/21/2016; The plaintiffs' reply, if any, shall be filed on or before 3/28/2016. (ad) (Entered: 03/21/2016)
2016-03-2137RESPONSE re 32 31 MOTION for Leave to File , 30 MOTION for Leave to File Supplemental Memorandum Response to Plaintiffs' Supplemental Memoranda filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Ross, Carl) Modified linkage on 3/22/2016 (td). (Entered: 03/21/2016)
2016-03-2738REPLY re 15 MOTION to Certify Class , 22 MOTION for Summary Judgment , 17 MOTION for Summary Judgment as to Ninth Cause of Action filed by RICA GATORE. (Attachments: # 1 Exhibit, # 2 Exhibit)(Cleveland, David) (Entered: 03/27/2016)
2016-03-28DISREGARD THIS NOTICE OF ERROR re 38 Reply to Document; emailed to 1949.david@gmail.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. You must first file a Motion for Leave to File a Surreply and attach your Reply as an exhibit. (td, ) Modified on 3/28/2016 (td). (Entered: 03/28/2016)
2016-03-3139ORDER holding in abeyance 15 Motion to Certify Class; denying 17 Motion for Summary Judgment; denying without prejudice 22 Motion for Summary Judgment. See image for details. Signed by Judge Reggie B. Walton on 3/31/2016. (lcrbw3) (Entered: 03/31/2016)
2016-04-0640ORDER; In accordance with the Memorandum Opinion, it is hereby ORDERED that the Plaintiffs' Motion for Summary Judgment as to Ninth Cause of Action, ECF No. 17, is DENIED. It is further ORDERED that the Defendants' Motion for Summary Judgment, ECF No. 22, is DENIED WITHOUT PREJUDICE. It is further ORDERED that the Plaintiffs' Motion for Class Certification, ECF No. 15, is HELD IN ABEYANCE pending the defendant's compliance with this Order and the resolution of any renewed summary judgment motions. It is further ORDERED that the defendant shall file a revised Vaughn index, declaration, or affidavit consistent with the Memorandum Opinion to be issued by the Court, on or before May 6, 2016. It is further ORDERED that the parties shall file a joint status report on or before May 20, 2016, to address how the parties wish to proceed in this case. Signed by Judge Reggie B. Walton on 4/6/2016. (lcrbw3) Modified on 4/6/2016 (hs). (Entered: 04/06/2016)
2016-04-0641MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on 4/6/2016. (lcrbw3) (Entered: 04/06/2016)
2016-04-06Set/Reset Deadlines: Defendant's Vaughn Index due by 5/6/2016, Joint Status Report due by 5/20/2016 (hs) (Entered: 04/06/2016)
2016-05-0542MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 05/05/2016)
2016-05-05MINUTE ORDER granting 42 Motion for Extension of Time. Upon consideration of the Defendant's Motion for Extension of Time, and for good cause shown, it is hereby ORDERED that the defendant's motion is GRANTED. It is further ORDERED that the defendant shall file its revised Vaughn index on or before May 18, 2016. Signed by Judge Reggie B. Walton on 5/5/2016. (lcrbw3) (Entered: 05/05/2016)
2016-05-06Set/Reset Deadlines: Revised Vaughn Index due by 5/18/2016, (hs) (Entered: 05/06/2016)
2016-05-1843MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 05/18/2016)
2016-05-18MINUTE ORDER granting 43 Motion for Extension of Time. Upon consideration of the Defendant's Motion for an Extension of Time, and for good cause shown, it is hereby ORDERED that the defendant's motion is GRANTED. It is further ORDERED that the defendant's revised Vaughn index shall be filed on or before May 27, 2016. Signed by Judge Reggie B. Walton on 5/18/2016. (lcrbw3) (Entered: 05/18/2016)
2016-05-19Set/Reset Deadlines: Revised Vaughn Index due by 5/27/2016, (hs) (Entered: 05/19/2016)
2016-05-2744Vaughn Index Supplemental Declaration / Vaughn Index . (Attachments: # 1 Supplemental Vaughn / Declaration)(Ross, Carl) (Entered: 05/27/2016)
2016-06-0745Joint STATUS REPORT by RICA GATORE. (Cleveland, David) (Entered: 06/07/2016)
2016-06-0746Second MOTION for Partial Summary Judgment as to Ninth Cause of Action by CATHOLIC CHARITIES (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Exhibit)(Cleveland, David) (Entered: 06/07/2016)
2016-06-0847SUPPLEMENTAL MEMORANDUM to re 15 MOTION to Certify Class filed by RICA GATORE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Cleveland, David) (Entered: 06/08/2016)
2016-08-0948MOTION to Compel by CATHOLIC CHARITIES (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Cleveland, David) (Entered: 08/09/2016)
2016-09-0249MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Compel by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 09/02/2016)
2016-09-02MINUTE ORDER granting 49 Motion for Extension of Time. Upon consideration of the Defendant's Motion for Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant's response to the plaintiffs' motion to compel shall be filed on or before September 9, 2016. Signed by Judge Reggie B. Walton on 9/2/2016. (lcrbw3) (Entered: 09/02/2016)
2016-09-02Set/Reset Deadlines: Defendant's Response due by 9/9/2016 (hs) (Entered: 09/02/2016)
2016-09-0850MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Compel by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 09/08/2016)
2016-09-09MINUTE ORDER. Upon consideration of the Defendant's Motion for Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant's response to the plaintiffs' motion to compel shall be filed on or before September 19, 2016. Signed by Judge Reggie B. Walton on 9/9/2016. (lcrbw3) (Entered: 09/09/2016)
2016-09-12Set/Reset Deadlines: Defendant's Response due by 9/19/2016 (hs) (Entered: 09/12/2016)
2016-09-1951MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Compel by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 09/19/2016)
2016-09-2852MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Compel by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 09/28/2016)
2016-09-29MINUTE ORDER. Upon consideration of the 52 Defendant's Motion for Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant's response to the plaintiffs' motion to compel shall be filed on or before October 5, 2016. It is further ORDERED that the 51 Defendant's Motion for Extension of Time filed on September 19, 2016, is DENIED AS MOOT. Counsel for the defendant is cautioned that no further extensions of time shall be granted absent extraordinary circumstances. Signed by Judge Reggie B. Walton on 9/29/2016. (lcrbw3) (Entered: 09/29/2016)
2016-09-29Set/Reset Deadlines: Defendant's Responses due by 10/5/2016 (hs) (Entered: 09/29/2016)
2016-10-0553Memorandum in opposition to re 48 MOTION to Compel filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Ross, Carl) (Entered: 10/05/2016)
2016-10-1054REPLY to opposition to motion re 48 MOTION to Compel filed by CATHOLIC CHARITIES. (Cleveland, David) (Entered: 10/10/2016)
2016-12-0155MOTION for Leave to File Supplemental Memorandum by RICA GATORE (Attachments: # 1 Text of Proposed Order, # 2 Supplement, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Cleveland, David) (Entered: 12/01/2016)
2017-01-1756NOTICE OF SUBSTITUTION OF COUNSEL by Alexander Kenneth Haas on behalf of All Defendants Substituting for attorney Carl E. Ross (Haas, Alexander) (Entered: 01/17/2017)
2017-01-2357MOTION for Leave to File Amended Complaint by RICA GATORE (Attachments: # 1 Text of Proposed Order, # 2 Exhibit amended complaint, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Cleveland, David) (Entered: 01/23/2017)
2017-02-0358ORDER. For the reasons set forth in the attached Order, it is hereby ORDERED that Plaintiff Catholic Charities' Renewed Motion for Summary Judgment as to Ninth Cause of Action is GRANTED IN PART AND HELD IN ABEYANCE IN PART, due to the Court's decision to permit the defendant to submit a response to the amount of attorney's fees and costs requested. It is further ORDERED that the defendant shall provide to Catholic Charities a copy of the FOIA Processing Guide on or before February 14, 2017. It is further ORDERED that the defendant shall show cause, in writing not to exceed ten (10) pages, why the Court should not award the amount of attorney's fees and costs requested by Catholic Charities, on or before February 17, 2017. It is further ORDERED that Catholic Charities may file a reply to the defendant's response to this Court's show cause order, not to exceed five (5) pages, on or before February 24, 2017. It is further ORDERED that Plaintiff Catholic Charities' Motion to Compel Production of Documents is DENIED AS MOOT. Signed by Judge Reggie B. Walton on 2/3/2017. (lcrbw3) (Entered: 02/03/2017)
2017-02-0359RESPONSE re 57 MOTION for Leave to File Amended Complaint Statement of Non-Opposition filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Haas, Alexander) (Entered: 02/03/2017)
2017-02-03Set/Reset Deadlines: Defendant's Response to Show Cause Order due by 2/17/2017. Reply to Show Cause Response due by 2/24/2017. (hs) (Entered: 02/03/2017)
2017-02-07MINUTE ORDER granting 57 Motion for Leave to File. For the reasons stated in the plaintiffs' motion to amend the complaint, and in light of the defendant's statement of non-opposition, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the plaintiffs shall docket their amended complaint on or before February 10, 2017. Signed by Judge Reggie B. Walton on 2/7/2017. (lcrbw3) (Entered: 02/07/2017)
2017-02-07Set/Reset Deadlines: Amended Complaint due by 2/10/2017. (hs) (Entered: 02/07/2017)
2017-02-08Set/Reset Deadlines: Amended Complaint due by 2/10/2017. (hs) (Entered: 02/08/2017)
2017-02-0860AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY filed by RICA GATORE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Cleveland, David) (Entered: 02/08/2017)
2017-02-08ORDER granting 55 Motion for Leave to File. Upon consideration of the Plaintiffs' Motion for Leave to File Supplemental Memorandum in Support of Their Motion for Class Certification, and in light of the defendant's failure to state any opposition to the motion, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the plaintiffs shall separately file their supplemental memorandum to the docket on or before February 10, 2017. Signed by Judge Reggie B. Walton on 2/8/2017. (lcrbw3) (Entered: 02/08/2017)
2017-02-0861MEMORANDUM re 15 MOTION to Certify Class filed by RICA GATORE by RICA GATORE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Cleveland, David) (Entered: 02/08/2017)
2017-02-08Set/Reset Deadlines: Supplemental Memoranda due by 2/10/2017. (hs) (Entered: 02/08/2017)
2017-02-1462Consent MOTION for Extension of Time to File Answer re 60 Amended Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Haas, Alexander) (Entered: 02/14/2017)
2017-02-1463MOTION for Reconsideration re 58 Order on Motion for Partial Summary Judgment,,,,, Order on Motion to Compel,,,, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Haas, Alexander). Added MOTION to Stay, MOTION to Modify on 2/15/2017 (td). (Entered: 02/14/2017)
2017-02-1564Memorandum in opposition to re 63 MOTION for Reconsideration re 58 Order on Motion for Partial Summary Judgment,,,,, Order on Motion to Compel,,,, filed by CATHOLIC CHARITIES. (Cleveland, David) (Entered: 02/15/2017)
2017-02-16MINUTE ORDER. Upon consideration of the defendant's 62 Motion for Extension of Time to Answer, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant's answer to the plaintiffs' amended complaint shall be filed on or before March 24, 2017. Signed by Judge Reggie B. Walton on 2/16/2017. (lcrbw3) (Entered: 02/16/2017)
2017-02-16Set/Reset Deadlines: Answer to the amended complaint due by 3/24/2017, (hs) (Entered: 02/16/2017)
2017-02-1665ERRATA Notice & Replacement Filing by UNITED STATES DEPARTMENT OF HOMELAND SECURITY 63 MOTION for Reconsideration re 58 Order on Motion for Partial Summary Judgment,,,,, Order on Motion to Compel,,,, MOTION to Stay MOTION to Modify filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Errata)(Haas, Alexander) (Entered: 02/16/2017)
2017-02-1766Memorandum in opposition to re 63 MOTION for Reconsideration re 58 Order on Motion for Partial Summary Judgment,,,,, Order on Motion to Compel,,,, MOTION to Stay MOTION to Modify filed by CATHOLIC CHARITIES. (Cleveland, David) (Entered: 02/17/2017)
2017-02-1767MOTION for Extension of Time to File Response to Order to Show Cause by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Haas, Alexander) (Entered: 02/17/2017)
2017-02-1868Memorandum in opposition to re 67 MOTION for Extension of Time to File Response to Order to Show Cause filed by CATHOLIC CHARITIES. (Cleveland, David) (Entered: 02/18/2017)
2017-02-2169REPLY to opposition to motion re 63 MOTION for Reconsideration re 58 Order on Motion for Partial Summary Judgment,,,,, Order on Motion to Compel,,,, MOTION to Stay MOTION to Modify filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Haas, Alexander) (Entered: 02/21/2017)
2017-02-22MINUTE ORDER. Upon consideration of the 67 Defendant's Motion to Extend Time to Respond to the Court's Order to Show Cause Regarding Attorney's Fees, and over the plaintiffs' objection, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant shall have fourteen (14) days following the Court's decision on the defendant's pending motion for consideration within which to respond to the Court's Order to Show Cause. Signed by Judge Reggie B. Walton on 2/22/2017. (lcrbw3) (Entered: 02/22/2017)
2017-02-2470RESPONSE re 61 Memorandum, regarding Plaintiffs' December 2016 Supplemental Filing filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Haas, Alexander) (Entered: 02/24/2017)
2017-02-2471NOTICE OF SUBSTITUTION OF COUNSEL by Johnny Hillary Walker, III on behalf of All Defendants Substituting for attorney Alexander Haas (Walker, Johnny) (Entered: 02/24/2017)
2017-03-2472ANSWER to 60 Amended Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. Related document: 60 Amended Complaint filed by RICA GATORE.(Walker, Johnny) (Entered: 03/24/2017)
2017-04-1773MEET AND CONFER STATEMENT. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Cleveland, David) (Entered: 04/17/2017)
2017-04-2474MOTION for Briefing Schedule on Renewed Motion for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 04/24/2017)
2017-04-26MINUTE ORDER. Upon consideration of the defendant's 74 Motion for a Summary Judgment Briefing Schedule, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant's renewed motion for summary judgment shall be filed on or before May 26, 2017; the plaintiffs' opposition to the defendant's motion shall be filed on June 9, 2017, and the defendant's reply in support of its motion shall be filed on or before June 23, 2017. Signed by Judge Reggie B. Walton on 4/26/2017. (lcrbw3) (Entered: 04/26/2017)
2017-04-27Set/Reset Deadlines: Renewed Summary Judgment motion due by 5/26/2017. Response to Motion for Summary Judgment due by 6/9/2017. Reply to Motion for Summary Judgment due by 6/23/2017. (hs) (Entered: 04/27/2017)
2017-05-2575Consent MOTION for Extension of Time to Move for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 05/25/2017)
2017-05-25MINUTE ORDER. Upon consideration of the Defendant's Consent Motion for an Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant's renewed motion shall be filed on or before June 2, 2017; the plaintiffs' opposition shall be filed on or before June 16, 2017; and the defendant's reply shall be filed on or before June 30, 2017. Signed by Judge Reggie B. Walton on 5/25/2017. (lcrbw3) (Entered: 05/25/2017)
2017-05-26Set/Reset Deadlines: Summary Judgment motions due by 6/2/2017. Response to Motion for Summary Judgment due by 6/16/2017. Reply to Motion for Summary Judgment due by 6/30/2017. (hs) (Entered: 05/26/2017)
2017-06-0176Consent MOTION for Extension of Time to Move for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 06/01/2017)
2017-06-02MINUTE ORDER granting 76 Motion for Extension of Time. Upon consideration of the Defendant's Second Consent Motion for an Extension of Time, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant's renewed motion for summary judgment shall be filed on or before June 9, 2017; the plaintiffs' opposition shall be filed on or before June 23, 2017; and the defendant's reply in support of its motion shall be filed on or before July 7, 2017. Signed by Judge Reggie B. Walton on 6/2/2017. (lcrbw3) (Entered: 06/02/2017)
2017-06-05Set/Reset Deadlines: Renewed Summary Judgment motion due by 6/9/2017. Response to Motion for Summary Judgment due by 6/23/2017. Reply to Motion for Summary Judgment due by 7/7/2017. (hs) (Entered: 06/05/2017)
2017-06-0977Second MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 2d Supp. Eggleston Decl., # 4 3d Supp. Eggleston Decl., # 5 Text of Proposed Order)(Walker, Johnny) (Entered: 06/09/2017)
2017-06-2178Memorandum in opposition to re 77 Second MOTION for Summary Judgment filed by RICA GATORE. (Attachments: # 1 Statement of Facts Plaintiffs' Reply, # 2 Statement of Facts Plaintiffs' Statement of Issues, # 3 Exhibit)(Cleveland, David) (Entered: 06/21/2017)
2017-06-2779ORDER. In accordance with the attached Order, it is hereby ORDERED that the Defendant's Motion to Reconsider & Stay, or Alternatively, to Modify the February 3, 2017, Order is GRANTED IN PART AND DENIED IN PART. The motion for a stay is GRANTED, nunc pro tunc to February 14, 2017. The motion for reconsideration and to modify the Court's February 3, 2017 Order is DENIED. It is further ORDERED that the defendant shall provide to Catholic Charities a complete copy of the FOIA Processing Guide on or before July 7, 2017. It is further ORDERED that the defendant shall show cause, in writing not to exceed ten (10) pages, on or before July 14, 2017, why the Court should not award the amount of attorney's fees and costs requested by Catholic Charities. It is further ORDERED that Catholic Charities may file a reply to the defendant's response to this Court's show cause order, not to exceed ten (10) pages, on or before July 21, 2017. Signed by Judge Reggie B. Walton on 6/27/2017. (lcrbw3) (Entered: 06/27/2017)
2017-06-27Set/Reset Deadlines: Defendant's Response to Show Cause Order due by 7/14/2017. Reply to Show Cause Response due by 7/21/2017. (hs) (Entered: 06/27/2017)
2017-06-3080MOTION for Extension of Time to Comply with the Court's June 27, 2017, Order and to File a Reply in Support of Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 06/30/2017)
2017-07-0181Memorandum in opposition to re 80 MOTION for Extension of Time to Comply with the Court's June 27, 2017, Order and to File a Reply in Support of Defendant's Motion for Summary Judgment filed by CATHOLIC CHARITIES. (Cleveland, David) (Entered: 07/01/2017)
2017-07-06MINUTE ORDER. Upon consideration of the 80 Defendant's Motion for Extensions of Time, and in light of government counsels' absences over the upcoming weeks, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant shall release the FOIA Processing Guide on or before July 21, 2017. It is further ORDERED that the defendant's response to the Court's order to show cause regarding attorney's fees shall be filed on or before July 28, 2017. It is further ORDERED that the defendant's reply in support of its motion for summary judgment shall also be filed on or before July 28, 2017. Government counsel is cautioned that no further extensions of time shall be granted absent a showing of extraordinary circumstances. Signed by Judge Reggie B. Walton on 7/6/2017. (lcrbw3) (Entered: 07/06/2017)
2017-07-06Set/Reset Deadlines: Defendant's Response to Show Cause Order due by 7/28/2017. Defendant's Reply in support of its Motion for Summary Judgment due by 7/28/2017. (hs) (Entered: 07/06/2017)
2017-07-2882REPLY to opposition to motion re 77 Second MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 07/28/2017)
2017-07-2883MOTION to Continue the Briefing Schedule on Fees by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/28/2017)
2017-07-3184RESPONSE re 83 MOTION to Continue the Briefing Schedule on Fees Opposition filed by CATHOLIC CHARITIES. (Cleveland, David) (Entered: 07/31/2017)
2017-07-3185REPLY to opposition to motion re 83 MOTION to Continue the Briefing Schedule on Fees filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 07/31/2017)
2017-07-31MINUTE ORDER. In order to address the parties' dispute regarding briefing on plaintiff Catholic Charities' request for attorney's fees, it is hereby ORDERED that the parties SHALL APPEAR for a motion hearing on August 2, 2017, at 2:45 p.m. in Courtroom 16. Signed by Judge Reggie B. Walton on 7/31/2017. (lcrbw3) (Entered: 07/31/2017)
2017-07-31Set/Reset Hearings: Motion Hearing set for 8/2/2017 at 02:45 PM in Courtroom 16 before Judge Reggie B. Walton. (tj) (Entered: 07/31/2017)
2017-08-02MINUTE ORDER. In accordance with the Court's oral rulings at the hearing held on this date, it is hereby ORDERED that the defendant's response to the Court's order to show cause regarding attorney's fees shall be filed on or before August 16, 2017. It is further ORDERED that Catholic Charities shall file its reply, if any, on or before August 23, 2017. It is further ORDERED that the parties shall appear for a status conference on September 25, 2017, at 11:00 a.m. The Court will notify the parties in advance if the need arises to convert the status conference into an evidentiary hearing. The parties are cautioned that no further extensions of time will be granted. Signed by Judge Reggie B. Walton on 8/2/2017. (lcrbw3) (Entered: 08/02/2017)
2017-08-02Minute Entry for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 8/2/2017. Oral order granting 83 MOTION to Continue the Briefing Schedule on Fees. Response to Show Cause due by 8/16/2017. Reply to Show Cause due by 8/23/2017. Status Conference set for 9/25/2017 at 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (gdf) (Entered: 08/02/2017)
2017-08-0386SUPPLEMENTAL MEMORANDUM to 78 Memorandum in opposition re 77 Second MOTION for Summary Judgment Plaintiffs' Supplemental Facts filed by RICA GATORE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Cleveland, David) Modified link on 8/4/2017 (znmw). (Entered: 08/03/2017)
2017-08-1687RESPONSE TO ORDER TO SHOW CAUSE by UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 79 Order on Motion for Reconsideration,,,,, Order on Motion to Stay,,,,, Order on Motion to Modify,,,, . (Attachments: # 1 Exhibit 1: Malowane Decl., # 2 Exhibit 2: USAO Laffey Matrix, 2014-2015, # 3 Exhibit 3: USAO Matrix, 2015-2017)(Walker, Johnny) (Entered: 08/16/2017)
2017-08-2388REPLY to opposition to motion re 46 Second MOTION for Partial Summary Judgment as to Ninth Cause of Action filed by CATHOLIC CHARITIES. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Cleveland, David) (Entered: 08/23/2017)
2017-08-2889Consent MOTION for Leave to File Supplement by CATHOLIC CHARITIES (Cleveland, David) (Entered: 08/28/2017)
2017-08-2890Consent MOTION for Leave to File Excess Pages by CATHOLIC CHARITIES (Cleveland, David) (Entered: 08/28/2017)
2017-08-28MINUTE ORDER. Upon consideration of the 89 Consent Motion for Leave to File Supplement to ECF No. 78-2, and in light of the defendant's consent, it is hereby ORDERED that the motion is GRANTED nunc pro tunc to August 3, 2017. Signed by Judge Reggie B. Walton on 8/28/2017. (lcrbw3) (Entered: 08/28/2017)
2017-08-28MINUTE ORDER. Upon consideration of the 90 Consent Motion for Leave to Exceed Page Limits, and in light of the defendant's consent, it is hereby ORDERED that the motion is GRANTED nunc pro tunc to August 23, 2017. Signed by Judge Reggie B. Walton on 8/28/2017. (lcrbw3) (Entered: 08/28/2017)
2017-09-0191NOTICE OF SUPPLEMENTAL AUTHORITY by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Exhibit 1: Opinion, ECF No. 580, DL v. District of Columbia, No. 05-1437 (D.D.C.))(Walker, Johnny) (Entered: 09/01/2017)
2017-09-1192NOTICE OF SUPPLEMENTAL AUTHORITY by RICA GATORE (Cleveland, David) (Entered: 09/11/2017)
2017-09-19MINUTE ORDER. In light of the pending request for attorney's fees and motion for summary judgment, which are still under consideration by the Court, it is hereby ORDERED that the status conference currently scheduled for September 25, 2017, is CONTINUED to January 8, 2018, at 11:00 a.m. Signed by Judge Reggie B. Walton on September 19, 2017. (lcrbw3) (Entered: 09/19/2017)
2017-09-19Set/Reset Hearings: Status Conference reset for 1/8/2018 at 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 09/19/2017)
2017-10-16MINUTE ORDER. Due to a change in the Court's calendar, it is hereby ORDERED that the status conference in this case currently scheduled for January 8, 2018, shall be CONTINUED to January 30, 2018, at 2 p.m. Signed by Judge Reggie B. Walton on October 16, 2017. (lcrbw3) (Entered: 10/16/2017)
2017-10-16Set/Reset Hearings: Status Conference reset for 1/30/2018 at 02:00 PM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 10/16/2017)
2017-12-2193ORDER. In accordance with the Memorandum Opinion issued on this same date, it is hereby ORDERED that Catholic Charities' request for attorney's fees and costs as set forth in Catholic Charities' Renewed Motion for Summary Judgment as to Ninth Cause of Action, ECF No. 46, is GRANTED IN PART AND DENIED IN PART. It is further ORDERED that the defendant shall pay forthwith to Catholic Charities attorney's fees in the amount of $5,255.78 and costs in the amount of $400, for a total award of $5,655.78. See Memorandum Opinion, Attachment 1 (Fee Calculations). Signed by Judge Reggie B. Walton on December 21, 2017. (lcrbw3) (Entered: 12/21/2017)
2017-12-2194MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on December 21, 2017. (lcrbw3) (Entered: 12/21/2017)
2018-01-0495ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before January 12, 2018, the defendant shall submit for in camera review unredacted copies of each of the individual plaintiffs' assessments to refer at issue in this case. Signed by Judge Reggie B. Walton on January 4, 2018. (lcrbw3) (Entered: 01/04/2018)
2018-01-0496MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on January 4, 2018. (lcrbw3) (Entered: 01/04/2018)
2018-01-04Set/Reset Deadlines: Defendant's Redacted Supplemental Memoranda due by 1/12/2018. (hs) (Entered: 01/04/2018)
2018-01-1097NOTICE of In Camera Submission by UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 95 Order, (Walker, Johnny) (Entered: 01/10/2018)
2018-01-11MINUTE ORDER. It appearing unnecessary for the Court to hold a status conference in light of the defendant's pending motion for summary judgment, it is hereby ORDERED that the status conference currently scheduled for January 30, 2018, is CONTINUED to April 11, 2018, at 2:00 p.m. Signed by Judge Reggie B. Walton on January 11, 2018. (lcrbw3) (Entered: 01/11/2018)
2018-01-11Set/Reset Hearings: Status Conference reset for 4/11/2018 at 02:00 PM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 01/11/2018)
2018-01-2198MEET AND CONFER STATEMENT. (Attachments: # 1 Exhibit)(Cleveland, David) (Entered: 01/21/2018)
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